Legal Opinion

Center Creek Water & Irrigation Co. v. Thomas

Utah Supreme Court

Decided April 28, 1899PublishedCited by 3 opinions

Appeal from the Fourth District Court, Wasatch County, Hon. W. N. Dusenberry, Judge. Action by plaintiff to restrain defendant from in any manner obstructing or interfering with the water of Center Creek. At the trial a decree was entered fixing defendant’s rights in tbe stream, awarding tbe balance to plaintiff, and restraining each party thenceforth from interesting with the other. From such decree plaintiff appeals.

1Opinion of the CourtBartoh, C. J.

The plaintiff is a corporation organized and existing by virtue of the laws of Utah, and is engaged in the business of managing, controlling, and distributing, among its stockholders owning land along the stream, the waters of Center Creek in Wasatch County. The defendant also owns land adjacent to the stream, and claims that more than twenty years ago his grantors and predecessors in interest diverted and appropriated sufficient of the water of the stream, during the high-water period, to irrigate about twenty acres, and that he and they each year since, during such period, used the same…

2Cases cited3 opinions

  1. McKay v. FarrUtah Supreme Court · 1897
  2. Vermillion v. NelsonIndiana Supreme Court · 1882
  3. McGgrath v. TallentUtah Supreme Court · 1891

3Cited by3 opinions

  1. In Re Drainage Area of Bear River in Rich CountyUtah Supreme Court · 1961
  2. Rich County-Otter Creek Irrigation Co. v. LambornUtah Supreme Court · 1961
  3. Wellsville East Field Irr. Co. v. Lindsay Land & Livestock Co.Utah Supreme Court · 1943

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